Sharif Ahmad vs The State Of U.P And Anr.
2017 Latest Caselaw 3585 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- U/S 482/378/407 No. - 3124 of 2012
 

 
Applicant :- Sharif Ahmad
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Khaleeq Ahmad Khan
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Shri Khaleeq Ahmad Khan, learned counsel for the applicant, learned AGA for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case Crime No.803/11 (State versus Sharif and others) pending in the court of Additional Chief Judicial Magistrate, Court No.3, Lakhimpur Kheri and charge sheet No.109 of 2010, dated 5.4.2010, relating to Case Crime No.135/10, under Sections 379, 411 and 420 IPC, Police Station Isa Nagar, District - Lakhimpur Kheri.

The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contention.

From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the dispute questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.. At this stage Court in Cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.

The prayer for quashing the proceedings and aforesaid charge sheet is refused.

The present petition under Section 482 Cr.P.C. is, accordingly, dismissed. 

Interim order, if any, stands vacated.

Order Date :- 24.8.2017

KR